Rightful owner of a flat after death of owner
Kapil Tiwari
(Querist) 05 April 2014
This query is : Resolved
Dear Sirs, this could be a slightly different query.
1) A woman purchased a flat in the year 1998. It is "evident" that she paid 100% of the purchase value. In all the Income Tax Returns that she has been filing, she has been paying the full tax on the rental income which has been coming (and showing the full rent as her income). In the recent IT Return forms (ITR-2), she has also declared herself as 100% owner of the house property (there is no co-owner).
2) Possibly for the sake of "emotional/material security", she added her daughter-in-law's name as (a) joint account holder of the flat, and (b) nominee of the flat.
3) Now, after the death of the woman, what is the stake of the daughter-in-law in the property as a "joint holder"? Does she become the owner of the flat?
4) Now, after the death of the woman, what is the stake of the daughter-in-law as a "nominee"? I must add here that the woman has 2 sons and 2 daughters (successors) and that the family is Hindu.
5) The woman has left no written Will.
6) Finally, I wish to know the rationale behind making the same person a "joint holder" as well as the "nominee". Is such an arrangement normal and prevalent?
Dear friends, what is the natural fate of the flat and who does it belong to?
Grateful for your views and opinion. Thanks.
Kumar Doab
(Expert) 05 April 2014
This query is also posted at:
http://www.lawyersclubindia.com/forum/Owner-of-flat-after-death-of-mother-100338.asp#.U0ACIEeBmXU
Kapil Tiwari
(Querist) 05 April 2014
Dear Mr. Doab, Mr Goyal, Sirs, I repeated since I did not know under which heading to put the query: property law or "partition". Inconvenience is regretted.
Kapil Tiwari
(Querist) 06 April 2014
dear Mr. Sethi, I have admitted to the repetition of my query. Please read my previous comment. I have regretted the inconvenience caused to you all. Thanks.
Rajendra K Goyal
(Expert) 06 April 2014
The property would 50% to DIL and in rest 50% all the legal heirs in absence of any will.
Dr J C Vashista
(Expert) 06 April 2014
The stake of the daughter-in-law is 50% and 50% for other LRs
Guest
(Expert) 06 April 2014
(a) As joint account holder, daughter-in-law is the unquestionable owner of 50% of the flat.
(b) As a nominee, the society is bound to transfer the rest of the 50% of the flat also to her, being the nominee. The legal heirs will have to claim their shares only from her, not from the society, unless clear orders for the society are brought from the competent court before transfer.
V R SHROFF
(Expert) 06 April 2014
Fully support views of Shri Dhingraji.
Kapil Tiwari
(Querist) 06 April 2014
Thank you very much dear Sirs, Mr. Rajendra Goyal, Dr. JC Vashista, Mr. PS Dhingra and Mr. VR Shroff! I am grateful to each one of you for clarifying my query.
Guest
(Expert) 06 April 2014
u r welcome.
T. Kalaiselvan, Advocate
(Expert) 06 April 2014
I agree with the views and opinions of expert Mr. Dhingra on this issue, nothing more to add to it.
